Public Hearing

EPA will conduct a public hearing on the proposed pretreatment standards on Friday, May 29 at 1:00 p.m. in the William J. Clinton-East Building, Room 1153, 1201 Constitution Avenue, NW, Washington, DC. Registration is not required for this public hearing, however pre-registration is possible and encouraged via Eventbrite:

During the hearing, the public will have an opportunity to provide oral comment to EPA on the proposed pretreatment standards. EPA will not address any issues raised during the hearing at that time but these comments will be included in the public record for the rule. For security reasons, we request that you bring photo identification with you to the meeting. Also, if you let us know in advance of your plans to attend, it will expedite the process of signing in. Seating will be provided on a first-come, first-served basis. Please note that parking is very limited in downtown Washington, and use of public transit is recommended. The EPA Headquarters complex is located near the Federal Triangle Metro station. Upon exiting the Metro station, walk east to 12th Street. On 12th Street, walk south to Constitution Avenue. At the corner, turn right onto Constitution Avenue and proceed to the EPA East Building entrance.

Background

UOG extraction wastewater can be generated in large quantities and contain constituents that are potentially harmful to human health and the environment. Wastewater from UOG wells often contains high concentrations of salt content, also called total dissolved solids or TDS. The wastewater can also contain various organic chemicals, inorganic chemicals, metals, and naturally-occurring radioactive materials (also referred to as technologically enhanced naturally occurring radioactive material or TENORM). This potentially harmful wastewater creates a need for appropriate wastewater management infrastructure and practices.

Historically, operators primarily managed their wastewater via underground injection in disposal wells (where available). Where UOG wells were drilled in areas with limited underground injection wells, and/or there was a lack of wastewater management alternatives, it became more common for operators to look to public and private wastewater treatment facilities to manage their wastewater. Because they are not typical of POTW influent wastewater, some UOG extraction wastewater constituents:

Can be discharged, untreated, from the POTW to the receiving stream

Can disrupt the operation of the POTW (for example, by inhibiting biological treatment)

Can accumulate in biosolids (also called sewage sludge), limiting their use, and

Can facilitate the formation of harmful disinfection by-products.

Based on the information reviewed as part of this proposed rulemaking, this proposed prohibition of discharges to POTWs reflects current industry practice. Because onshore unconventional oil and gas extraction facilities have discharged to POTWs in the past, and because the potential remains that some facilities can consider discharging to POTWs in the future, EPA proposes this rule.

Extraction Process

Recent advances in hydraulic fracturing and horizontal drilling have made extraction of oil and gas from unconventional resources more technologically and economically feasible than before. Hydraulic fracturing is used to extract oil and natural gas from highly impermeable rock formations, such as shale rock, by injecting fracturing fluids at high pressures to create a network of fissures in the rock formations. This process provides the oil and/or natural gas a pathway to travel to the well for extraction. Geologic pressure within the low permeability formations force a portion of these fracturing fluids back to the surface (sometimes referred to as "flowback"), along with naturally occurring formation water. These wastewaters are collectively referred to as unconventional oil and gas extraction wastewaters, or produced water.

Coalbeds are another source of unconventional gas. Discharges from coalbed methane extraction at onshore oil and gas facilities are not subject to existing effluent limitations guidelines or standards under Part 435, nor the current proposed rule.

Current Federal Regulatory Framework

Direct discharges from unconventional oil and gas extraction are subject to NPDES permit regulations (40 CFR Parts 122 through 125). Indirect discharges to POTWs are subject to the General Pretreatment Regulations (40 CFR Part 403).

NPDES permits must include technology based effluent limitations. For direct dischargers of unconventional oil and gas extraction wastewater from onshore oil and gas facilities, with the exception of coalbed methane, Part 435 is the source for the technology-based limitations. Permits for onshore oil and gas facilities must include the requirements in Part 435, including a ban on the discharge of pollutants, except for wastewater that is of good enough quality for use in agricultural and wildlife propagation for those onshore facilities located in the continental United States and west of the 98th meridian. Part 435 does not currently include categorical pretreatment standards for indirect discharges to POTWs for wells located onshore (i.e., PSES or PSNS).